The CITY OF MESA, ARIZONA; The City of Las Cruces, New Mexico; The Navajo Tribal Utility Authority, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
American Public Gas Association; Apache Nitrogen Products, Inc.; Arizona Public Service Company; Phelps Dodge Corporation; Salt River Project Agricultural Improvement and Power District; Asarco, Inc.; Cyprus Miami Mining Corporation; Magma Copper Company; El Paso Electric Company; El Paso Natural Gas Company; Foothills Pipe Lines Ltd.; Gas Company of New Mexico; Meridian Oil Inc.; Mobil Producing Texas & New Mexico Inc.; Mobil Natural Gas Inc.; Pacific Gas and Electric Company; Pan-Alberta Gas Ltd.; Process Gas Consumers Group; Public Utilities Commission of the State of California; Saguaro Power Company, a Limited Partnership; Southern California Edison Company; Southern Union Gas Company; Southwest Gas Corporation; The United Distribution Companies; Western Gas Resources, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 2, 1993.
Decided May 25, 1993.
Attorney(s) appearing for the Case
John P. Gregg, with whom Susan N. Kelly and Eric A. Bilsky, were on the brief, for petitioners.
Jill Hall, Attorney, F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., were on the brief, for respondent.
William H. Penniman, with whom Joel L. Greene, Barbara S. Jost, Merek E. Lipson, Patrick G. Golden, David W. Anderson, Paul H. Keck, and Nicholas W. Fels were on the joint brief, for intervenors and amicus curiae.
Roberta L. Halladay, Christopher J. Barr, and Kristine L. Delkus were on the brief, for amicus curiae United Distribution Companies.
Britton White, Jr., Richard C. Green, and Mary Anne Mason were on the brief, for intervenor El Paso Natural Gas Co.
Joel L. Greene and Barbara S. Jost entered appearances for intervenors Apache Nitrogen Products, Inc., Arizona Public Service Co., Phelps Dodge Corp., and Salt River Project Agr. Imp. and Power Dist.
Shippen Howe and John R. Staffier entered appearances, for intervenor Pan-Alberta Gas Ltd.
John B. Rudolph entered an appearance, for intervenor Western Gas Resources, Inc.
Nicholas W. Fels entered an appearance, for intervenors ASARCO, Inc., Cyprus Miami Min. Corp., and Magma Copper Co.
Shippen Howe and George W. McHenry, Jr., entered appearances, for intervenor Foothills Pipe Lines Ltd.
James F. Moriarty entered an appearance, for intervenor Southern Union Gas Co.
Irving J. Golub entered an appearance, for intervenor Gas Co. of New Mexico.
William H. Penniman entered an appearance, for intervenor Process Gas Consumers Group.
Harvey Y. Morris, Peter Arth, Jr., and Edward W. O'Neil entered appearances for intervenor Public Utilities Com'n of State of Cal.
William T. Miller entered an appearance, for intervenor American Public Gas Ass'n.
David W. Anderson and Merek E. Lipson, Patrick G. Golden, and Paul H. Keck entered appearances, for intervenor Pacific Gas and Elec. Co.
Peter G. Esposito entered an appearance, for intervenor Saguaro Power Co., A Ltd. Partnership.
John C. Walley entered an appearance, for intervenor Southwest Gas Corp.
J. Michel Marcoux entered an appearance, for intervenor El Paso Elec. Co.
Before MIKVA, Chief Judge, WALD and BUCKLEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
This case is yet another progeny of the Federal Energy Regulatory Commission's ("FERC" or "Commission") recent efforts to foster competition in the natural gas industry by "unbundling" — separating — the sale of gas from its transportation. Pipelines formerly transported gas exclusively or principally in conjunction with sales of their own product; now, pipelines transport...
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